Holyoke City Council Meeting May 2, 2023
7:00 pm City Hall Holyoke
536 Dwight St, Holyoke 01040
Posted April 28, 2023, 3:04 PM
Meeting will take place at Holyoke City Hall, 536 Dwight St
and can also be accessed remotely via www.zoom.us
https://us02web.zoom.us/j/85914960000?pwd=QVBqSkJvd0pSZENmNFdDbnVXTnVTUT09
Meeting ID: 859 1496 0000 Meeting Passcode: 657908 or by call in at 1 (646) 558-8656 with same Meeting ID and Passcode.
Live Spanish interpretation will be available on local access channel 15 using the television’s SAP option, through the live stream on the city website, as well as on the Zoom feed by clicking the interpretation option and choosing Spanish.
AGENDA FOR THE CITY COUNCIL
May 2,2023
7:00 PM
LAID ON THE TABLE
1. From Mayor Joshua A. Garcia letter of Veto for the CPA ballot question to be placed on the November 2023 local election.
2. The Committee on Ordinance to whom was referred an order that following the adoption of a resolution in support of the district, that the Ordinance Committee work with the mayor and the appropriate city and state departments to adopt an ordinance creating a Puerto Rican Cultural District within the City of Holyoke.
PUBLIC COMMENT
COMMUNICATIONS
3. From Mayor Joshua A. Garcia letter of VETO regarding the following order: that the City Council retain independent legal counsel to work with the City Council and legal department to review its rules and powers under the Charter, state law, city ordinances and its rules.
4. From Mayor Joshua A. Garcia letter reappointing Ms. Theresa Cooper-Gordon, 52 Parker St. to serve as a Commissioner of the Holyoke Housing Authority for the City of Holyoke: Ms. Cooper-Gordon will serve a five year term; said term will expire on April 1, 2028.
5. From Brenna Murphy McGee, City Clerk, meeting minutes for April 18, 2023 meeting
6. From Michael Bissonette, Assistant City Solictor, legal opinion regarding Mayors power to veto ballot question
7. From Jane Mantolesky, Assistant City Solictor, re: Holyoke Adoption of Abutter’s Notice Requirements with revised legal form
8. From Fire Chief John Kadlewicz Vehicle Maintenance report for Holyoke Fire Department for the calendar year ending December 31, 2022.
9. From Board of Fire Commission, meeting minutes from March 16, 2023
10. From Holyoke Redevelopment Authority, meeting minutes from November 30, 2023, February 15, 2023 and March 15, 2023
PETITIONS
11. Petition for acceptance of Lynn Ann Drive
12. Petition of Petition for acceptance of Richard Eger Dr.
13. Petition of Kim Silva of 624 S. Bridge St, renewal of 1 pool table and 6 bowling alleys
14. Petition of Katherine Sanchez of 15-12 Dwight St, for a Street Vendor Licence
PRESIDENT’S REPORT
REPORTS OF COMMITTEES
15. Ordinance Committee Reports (if any)
15A. The Committee on Ordinance to whom was referred an order add to the “no parking” signs on Cherry Street, “vehicles will be towed at owner’s expense” Recommended that the order be adopted.
15B. The Committee on Ordinance to whom was referred an order That a handicap sign be placed in front of 400 Maple St. for Elliot Sierra, Placard #2290051. Recommended that the order be adopted.
15C. The Committee on Ordinance to whom was referred an order That Sec. 86-321. – Schedule I: Parking remove both of these entries. Reviewed with city Engineer. To ordinance.
– South Summer St/ Westerly/ A point 78 feet north of Adams St/ A point 18 feet further North/ No parking
– South Summer St/ Westerly/ A point 96 feet northerly of Adams St/ A point 42 feet further northerly/ Handicapped Parking Only Recommended that the order be adopted.
15D. The Committee on Ordinance to whom was referred an order that the “no parking” sign be removed on one side of the curve at O’Connor Ave bend to add parking while keeping the corner safe and passable for service and emergency vehicles. Recommended that the Engineer’s recommendation to keep the signs be accepted.
15E. The Committee on Ordinance to whom was referred an order With community support: That the city post a snow parking restriction on its website at least twelve hours before towing begins. In other words, towing will not begin until the restriction has been up on the website at least twelve hours.
Recommended that the order has been complied with.
16. Finance Committee Reports (if any)
16A. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2023, ONE THOUSAND AND 00/100 Dollars ($1,000) as follows:
FROM:
15102-54200 SUPPLIES $1,000
TOTAL: $1,000
TO:
15101-51300 OVERTIME $1,000
TOTAL: $1,000 Recommended that the order be adopted.
16B. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2023, THIRTY THOUSAND AND 00/100 Dollars ($30,000) as follows:
FROM:
14251-51104 HEAVY MOTOR EQUIPMENT OPERATOR $30,000
TOTAL: $30,000
TO:
14252-54221 SUPPLIES- TRAFFIC LINES $30,000
TOTAL: $30,000 Recommended that the order be adopted.
16C. The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2023, EIGHTY TWO THOUSAND EIGHT HUNDRED AND 00/100 Dollars ($82,800) as follows:
FROM:
12101-51510 SICK BUYBACK $35,000
12101-51500 VACATION BUYBACK 12,800
12101-51505 TIME OWED 35,000
TOTAL: $82,800
TO:
12102-54220 SUPPLIES-OTHER $1,000
12102-52100 ENERGY 35,000
12102-57301 LEGAL DEFENSE 3,000
12102-53210 MEDICAL 8,800
12102-57100 IN STATE TRAVEL 2,000
12102-52410 R&M MOTOR VEHICLE 16,000
12102-54830 MOTOR VEHICLE SUPPLIES 17,000
TOTAL: $82,800 Recommended that the order be adopted.
17. Public Safety Committee Reports (if any)
17A. The Committee on Public Safety to whom was referred an order at Section 34 of the Holyoke City Charter be amended to establish a Police Commission by virtue of Special Act in Accordance with the provisions of Articles of Amendment, Article II, Section 8 of the Massachusetts Constitution. Recommended that the order has been complied with.
17B. The Committee on Public Safety to whom was referred an order From Chief Pratt, update on order filed by Councilor Puello regarding Mayor Garcia Accident on city Vehicle, Vehicle Summary and Crash report. Recommended that the order has been complied with.
17C. The Committee on Public Safety to whom was referred an order that Chapter 50, Article II of the Holyoke City Ordinances be amended to add Section 50-56 establishing a Police Commission. Recommended that the order has been complied with,
17D. The Committee on Public Safety to whom was referred an order that Chief Pratt come in to discuss a possible gun drop off program. Recommended that the order has been complied with.
17E. The Committee on Public Safety to whom was referred an order that public cameras throughout the City be updated, replaced and added as needed to ensure safety and compliance with laws and needed funding transfers be approved when necessary. Recommended that the order has been complied with.
17F. The Committee on Public Safety to whom was referred an order That the Chief of Police please provide a narrative describing what happened to the previous, gray Ford Taurus mayoral issued vehicle. Please include any cost/insurance payouts to other parties and a current city vehicle use policy. Recommended that the order has been complied with
17G. The Committee on Public Safety to whom was referred an order that the license board is invited to discuss the process of ensuring that all businesses operating within our city are licensed, what happens when the city is notified of an unlicensed business, and how businesses with seasonal licenses are tracked and held to compliance. Recommended that the order has been complied with
18. Public Service Committee Reports (if any)
19. Development and Governmental Relations Committee Reports (if any)
19A. The Committee on Development and Governmental Relations to whom was referred an order Special permit application of Jesus Candelario for non-conforming use per section 4.7.2 to increase occupancy to host large groups for indoor and outdoor events at 1109 Dwight St Recommended that the special permit be given a leave to withdraw at the request of the petitioner.
19B. The Committee on Development and Governmental Relations to whom was referred an order Letter from a Citizen of Holyoke, requesting a crosswalk be placed at the Whiting Street Reservoir. Recommended that the order be given a leave to withdraw.
19C. The Committee on Development and Governmental Relations to whom was referred an order That Dr. Alberto Vazquez Matos, HPS’ Receiver, appear before the DGR committee. Recommended that the order be given a leave to withdraw.
19D. The Committee on Development and Governmental Relations to whom was referred an order that the city council DGR committee invite in and meeting with Roca member. Recommended that the order be given a leave to withdraw.
19E. The Committee on Development and Governmental Relations to whom was referred an order that the City Council invite in Jennifer Howard and other members of DCR to discuss Mt. Tom. Recommended that the order be given a leave to withdraw.
19F. The Committee on Development and Governmental Relations to whom was referred an order That the city council thru the appropriate committee invite Dr. Vazquez Matos current superintendent to give us an update about the status of the schools during this pandemic and the future plans for students of HPS. Recommended that the order be given a leave to withdraw.
19G. The Committee on Development and Governmental Relations to whom was referred an order that the Committee on Development and Governmental Relations invite representatives from the Worcester Red Sox to learn more about its “Town Takeover” initiative in the 2023 season. Recommended that the order be given a leave to withdraw.
19H. The Committee on Development and Governmental Relations to whom was referred an order that the DG&R committee invite in the Boys & Girls Club of Greater Holyoke Leadership team to discuss their two ARPA proposals: child care expansion project and proposal to serve homeless/DCF involved youth. Recommended that the order be given a leave to withdraw.
19I. The Committee on Development and Governmental Relations to whom was referred an order That the Office of Planning and Economic Development be invited to discuss the reasons behind the absence of medical marijuana providers in the city, the original intended reason for cannabis legalization. The goal of this discussion is to come up with a viable pathway to provide this service for residents so they may enjoy their tax benefits and have their medical needs fulfilled. If a plan is already underway this discussion will inform residents of their upcoming benefits. Recommended that the order be given a leave to withdraw.
19J. The Committee on Development and Governmental Relations to whom was referred an order The City Clerk please sent a communication to City Council in time for its 2nd meeting in October 2021 on the following (based upon the preliminary election of 09/21/2012):
A. turnout-did Holyoke meet expectations? How did Holyoke do compared to our neighbors?;
B. the new voting machines-any issues?
C. Satisfaction (or not) with the current polling locations
D. General impressions on Holyoke elections. Recommended that the order be given a leave to withdraw.
19K. The Committee on Development and Governmental Relations to whom was referred an order Special permit application of Eloy Arocho for an auto body repair shop at 41 N Summer Street (038-01-004). Recommended that the special permit be granted with the following conditions:
1. That all requirements and open questions from the Planning Department review letter, dated March 21, 2023, be addressed and abised by.
2. That the the applicant will abide by all codes and ordinances of the city and the state.
3. That there will be no more than six vehicles being worked on at one time.
4. That the hours of operation be set as 8 a.m. – 5 p.m.
19L. The Committee on Development and Governmental Relations to whom was referred an order that the Honorable City Council, in accordance with M.G.L. Ch. 30B and the Holyoke Code of Ordinances procurement ordinance, declare 94 Newton Street (Assessors Map 011, Block 03, Parcel 010) as surplus property available for disposition. The property was acquired via a corrective judgement in a tax lien case in 2007. It is approximately 4,620 square feet in size, zoned Downtown Business and has an assessed value of $22,900. Recommended that the order be adopted.
19M. The Committee on Development and Governmental Relations to whom was referred an order that the Honorable City Council, in accordance with M.G.L. Ch. 30B and the Holyoke Code of Ordinances procurement ordinance, declare Newton Street Parcel 011-03-009 (Assessors Map 011, Block 03, Parcel 009) as surplus property available for disposition. The property was granted to the City in 1969 by the Holyoke Community Development Corporation. It is approximately 9,680 square feet in size, zoned Downtown Business and has an assessed value of $25,900. Recommended that the order be adopted.
19N. The Committee on Development and Governmental Relations to whom was referred an order Zone change application from R-2 to BG of Jesus Candelario at 1109 Dwight St (074-00-012). Recommended that the order be referred back to the City Council
20. Charter and Rules Committee Reports (if any)
21. Joint City Council and School Committee Reports (if any)
MOTIONS, ORDERS AND RESOLUTIONS
22. MCGIVERIN — That the City appropriate the amount of eighty five million, five hundred four thousand, five hundred ninety-two ($85,504,592) Dollars for the Purpose and Introductions of paying costs for the construction of the new Peck Middle School, 1916 Northampton Street, Holyoke, including the payment of all costs incidental or related thereto (the “Project”), which school facility shall have an anticipated useful life as an educational facility for the instruction of school children for at least 50 years, and for which the City may be eligible for a grant from the Massachusetts School Building Authority (“MSBA”), said amount to be expended under the direction of the School Building Committee. To meet this appropriation the Treasurer with the approval of the Mayor, is authorized to borrow said amount under M.G.L. Chapter 44, or pursuant to any other enabling authority. The City acknowledges that the MSBA’s grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and any project costs the City incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the City; provided further that any grant that City may receive from the MSBA for the Project shall not exceed the lesser of (1) eighty percent (80%) of eligible, approved project costs, as determined by the MSBA, or (2) the total maximum grant amount determined by the MSBA; provided that any appropriation hereunder shall be subject to and contingent upon the City being awarded a grant from the MSBA for the Project; and that the amount of borrowing authorized pursuant to this vote shall be reduced by any grant amount set forth in the Project Funding Agreement that may be executed between the City and the MSBA. FURTHER ORDERED: That the Treasurer is authorized to file an application with the appropriate officials of The Commonwealth of Massachusetts (the “Commonwealth”) to qualify under Chapter 44A of the General Laws any and all bonds of the City authorized as of the date hereof, and to provide such information and execute such documents as such officials of the Commonwealth may require in connection therewith.
23. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2023, TWENTY THREE THOUSAND SIX HUNDRED FORTY TWO AND 71/100 Dollars ($23,642.71) as follows:
FROM:
12101-51105 SERGEANT $10.973.25
12101-51107 PATROLMEN 12,669.46
TOTAL: $23,642.71
TO:
12101-51180 INJURED ON DUTY $23,642.71
TOTAL: $23,642.71
24. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2023, FORTY SEVEN THOUSAND AND 00/100 Dollars ($47,000) as follows:
FROM:
16501-51106 PAY-HEAVY MOTOR EQUIP. OPERATOR $47,000
TOTAL: $47,000
TO:
16502-52518 R&M POOLS $7,000
16502-52500 R&M FIELDS 30,000
16502-52410 R&M VEHICLES 10,000
TOTAL: $47,000
25. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2023, ONE HUNDRED SEVENTEEN THOUSAND FIVE HUNDRED FORTY ONE AND 56/100 Dollars ($117,541.56) as follows:
FROM:
8811-10400 CAPITAL STABILIZATION $117,541.56
TOTAL: $117,541.56
TO:
16503-58002 CAPITAL OUTLAY-MOTOR VEHICLES $117,541.56
TOTAL: $117,541.56
26. MCGIVERIN — that there be and is hereby appropriated by transfer in the fiscal year 2023, TWO THOUSAND THREE HUNDRED SIXTY TWO AND 72/100 Dollars ($2,362.72) as follows:
FROM:
12201-51105 FIREFIGHTER $2,362.72
TOTAL: $2,362.72
TO:
12201-51180 INJURED ON DUTY $2,362.72
TOTAL: $2,362.72
27. MURPHY-ROMBOLETTI — That Schedule C of 2-35 be updated to reflect a new title and salary for police matrons
28. MURPHY-ROMBOLETTI — That the Schedule C of 2-35 be updated to reflect competing salaries for police reserves
29. MURPHY-ROMBOLETTI — That schedules B and C of ordinance 2-35 be updated as appropriate with competitive salaries to attract and retain employees
30. VACON — that DPW/Veolia resolve the storm water problem at 467 Rock Valley Rd near pole #15 by repairs to the catch basin/ storm drain or by diverting storm water to the existing underground pipe. This is a safety hazard as the road becomes flooded with rainstorms and there is a limited line of sight on that portion of the road.
31. VACON — that in the police department, the rate for Matrons be set at 18.00/hr and the rate for Reserve/special officers be set at $22.00/hr. per ordinance.
32. VACON — ORDER: the overgrown trees in the island of the cul de sac on Sequoia be trimmed back- refer to Forester
33. VACON — ORDER: to add Sequoia Drive for curb repair for broken areas.
34. ANDERSON-BURGOS — Order that the City Engineer investigate the installation of pedestrian safety measures at the crosswalk located on Northampton Street at Winthrop Street. This may include installations of curb extensions (aka “bump outs”) and a Rectangular Rapid Flashing Beacon (RRFB). Send to Public Safety copy to the City Engineer.
35. ANDERSON-BURGOS — Order that we look into having security cameras installed at Rohan Park. Constituents that live near the park have reported illegal activities after dusk, including vandalism of private property. Send to public safety copy HPD and Parks and Rec.
36. ANDERSON-BURGOS — Order that the no parking signs in front of and across from 24 Sydney Ave be removed. This is a constituent request. Send to Ordinance copy to DPW and City Engineer.
37. ANDERSON-BURGOS — Order that the City Engineer investigate safety measures at the intersection of West Franklin and St Jerome. Residents are expressing concern about vehicles speeding around the bend, which is especially concerning considering the poor line of sight around it.
Send to Public Safety, Copy to City Engineer.
38. JOURDAIN, PUELLO — Ordered, that the DPW/Alarm Division please replace the traffic light at Main and Vernon Streets that was previously damaged. The residents are requesting the traffic light be replaced not eliminated. It is getting very dangerous to also exit Vernon Street because of the poor line of sights due to parked cars on Main Street coupled with no traffic light to stop the traffic. It is also shifting traffic from Vernon Street to other Springdale streets due to this intersection now becoming more dangerous
LATE FILED ORDERS AND COMMUNICATIONS
A. VACON — ORDER: the City Council issue a proclamation to Hair Changes and owner Kathleen Seidel in honor of 45 years of continuous service to residents of Holyoke. Anniversary date is May 19th.
*Updated May 2, 2023, 2:56 PM
B. MCGEE — Ordered, that the city engineer provide a list/layout of non-accepted roads and come in to discuss options to fixing the roads.
*Updated May 2, 2023, 7:03 PM
Addendum:
LATE FILES FROM PREVIOUS MEETING
A. MCGIVERIN — that the City appropriate the amount of eight-five million, five hundred four thousand, five hundred ninety-two ($85,504,592) Dollars for the purpose of paying costs for the construction of the new Peck Middle School, 1916 Northampton Street, Holyoke, including the payment of all costs incidental or related thereto (the “Project”), which school facility shall have an anticipated useful life as an educational facility for the instruction of school children for at least 50 years, and for which the City may be eligible for a grant from the Massachusetts School Building Authority (“MSBA”), said amount to be expended under the direction of the School Building Committee. To meet this appropriation the Treasurer with the approval of the Mayor, is authorized to borrow said amount under M.G.L. Chapter 44, or pursuant to any other enabling authority. The City acknowledges that the MSBA’s grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and any project costs the City incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the City; provided further that any grant that City may receive from the MSBA for the Project shall not exceed the lesser of (1) eighty percent (80%) of eligible, approved project costs, as determined by the MSBA, or (2) the total maximum grant amount determined by the MSBA; provided that any appropriation hereunder shall be subject to and contingent upon the City being awarded a grant from the MSBA for the Project; and that the amount of borrowing authorized pursuant to this vote shall be reduced by any grant amount set forth in the Project Funding Agreement that may be executed between the City and the MSBA.
B. MCGIVERIN — Ordered, that there be and is hereby appropriated by transfer in the fiscal year 2023, EIGHTY TWO THOUSAND EIGHT HUNDRED AND 00/100 Dollars ($82,800) as follows:
FROM:
12101-51510 SICK BUYBACK $35,000
12101-51500 VACATION BUYBACK 12,800
12101-51505 TIME OWED 35,000
TOTAL: $82,800
TO:
12102-54220 SUPPLIES-OTHER $1,000
12102-52100 ENERGY 35,000
12102-57301 LEGAL DEFENSE 3,000
12102-53210 MEDICAL 8,800
12102-57100 IN STATE TRAVEL 2,000
12102-52410 R&M MOTOR VEHICLE 16,000
12102-54830 MOTOR VEHICLE SUPPLIES 17,000
TOTAL: $82,800
C. MCGEE — Ordered, that the City Council present proclamations to Raysa Rodriguez, Sharon Gonzalez, Valeria Mendez, and Patricia Rivera from Colectivo Morivivi for their mural work as part of the El Corazon/ Heart of Holyoke project.
The listing of matters are those reasonably anticipated by the chair which may be discussed at the meeting.
Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by law
______________________________
City Clerk